Rose Law Group has a dedicated group of lawyers who are devoted to serving the lease enforcement needs of commercial landlords. A specific strategy is developed for each lease default commensurate with the profile of the tenant, the guarantors (if any) and the square footage involved. Sometimes the lease will be terminated and sometimes the lease will be kept in force and effect without terminating the lease but with each subsequently accruing monthly rental installment being added to the amount of the judgment,
Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.
Lease assignments which impact adversely upon use restrictions and issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.
Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.
Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.
Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.
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In The News
SOLD! Historic Arizona silver mine, with Rose Law Group partner and senior transactional attorney George Finn handling legal aspects
By Angela Gonzales | Phoenix Business Journal A historic silver mine in northern Arizona has changed hands for $10 million. The Hughes Family Trust sold the iconic Hackberry Silver Mine, which dates back to the late 19th century and spans more than 231 acres in the Peacock Mountains in Mohave County, about 27 miles northeast of Kingman. READ ON: Rose
Thomas A. Gilson, Rose Law Group partner and co-chair of the firm’s litigation department, talks to PBJ about Mesa homebuilder filing bankruptcy ahead of receivership hearing
By Angela Gonzales | Phoenix Business Journal Mesa-based ZenniHome LLC filed Chapter 7 bankruptcy papers the day before a scheduled court hearing on an application for appointment of a receiver related to a lawsuit. Indigenous Design Studio + Architecture LLC, which filed suit against ZenniHome earlier this year alleging misuse of $22 million in federal funds related to a modular
Opportunity Zones 2.0: Arizona leaders weigh tighter rules, bigger stakes for investment and growth
(Disclosure: Rose Law Group represents Pinal Partnership.) By Madelaine Braggs | Rose Law Group Reporter At a recent Pinal Partnership breakfast, Jordan Rose, Founder and President of Rose Law Group, moderated a wide-ranging discussion on Opportunity Zones. The panel featured George Finn, Rose Law Group Partner and Attorney focused on business and corporate transactions, opportunity zones, and estate planning; Christine